CA MFT EXAM – LAWS AND ETHICS TEST
QUESTIONS AND ANSWERS
MFT Scope of Practice - ANSWER A legal term. An LMFT may:
Practice psychotherapy
Diagnose and treat mental disorders (in order to improve client's relationships)
Administer and interpret psychological tests (as long as doing so is within the
MFT's scope of competence as determined by education, training, or
experience, and as long as it is directed toward improving client's relationships)
Privilege - ANSWER A legal term. A legal right not to have confidential
information revealed during legal proceedings or in court. The client or client
representative holds the privilege.
Subpoenas and privilege - ANSWER The first response of a therapist when he
receives a subpoena is to claim privilege. Records may be released by the
therapist if the client provides him with written permission to release such
records, or if the court issues an order for the records to be released.
Who holds privilege? - ANSWER The client does, provided that he is of legal
age, or he is a minor in treatment without parental consent.
The court can waive the privilege
Where a minor is a ward of the state, the minor has privilege but the court or the
client's attorney can waive it
Incase of a legal guardian he/she can waive privilege on behalf of client
Exceptions to privilege - ANSWER A judge decides if the facts of the case fall
under one of the following exceptions to privilege:
, The client has presented his or her emotional state as an issue in a court case
The client has shared information as though it is not privileged
The thx has been court ordered to evaluate the client
The thx has been court ordered to reveal information
The client has come to therapy with the intention of committing and/or evading
punishment for a crime
Sanity hearing
Determination of client competency
Confidentiality - ANSWER Both legal & ethical term
Thx cannot divulge HIV even if client is endangering a partner
Mandated reporters are allowed to respond to follow-up inquiries from
investigators
Mandated Exceptions to Confidentiality - ANSWER Suspected abuse
Tarasoff
The Patriot Act of 2002
Permissive Exceptions to Confidentiality - ANSWER Client is a danger to self,
or to the person or property of others (California evidence code 1024)
Disclosures to licensed professionals (such as supervisor or colleague) to get
help in treating client
When there is an authorization to release PHI
When client has signed a health insurance claim form
Breach of duty (thx sues client for non-payment, or client sues thx for
malpractice)
QUESTIONS AND ANSWERS
MFT Scope of Practice - ANSWER A legal term. An LMFT may:
Practice psychotherapy
Diagnose and treat mental disorders (in order to improve client's relationships)
Administer and interpret psychological tests (as long as doing so is within the
MFT's scope of competence as determined by education, training, or
experience, and as long as it is directed toward improving client's relationships)
Privilege - ANSWER A legal term. A legal right not to have confidential
information revealed during legal proceedings or in court. The client or client
representative holds the privilege.
Subpoenas and privilege - ANSWER The first response of a therapist when he
receives a subpoena is to claim privilege. Records may be released by the
therapist if the client provides him with written permission to release such
records, or if the court issues an order for the records to be released.
Who holds privilege? - ANSWER The client does, provided that he is of legal
age, or he is a minor in treatment without parental consent.
The court can waive the privilege
Where a minor is a ward of the state, the minor has privilege but the court or the
client's attorney can waive it
Incase of a legal guardian he/she can waive privilege on behalf of client
Exceptions to privilege - ANSWER A judge decides if the facts of the case fall
under one of the following exceptions to privilege:
, The client has presented his or her emotional state as an issue in a court case
The client has shared information as though it is not privileged
The thx has been court ordered to evaluate the client
The thx has been court ordered to reveal information
The client has come to therapy with the intention of committing and/or evading
punishment for a crime
Sanity hearing
Determination of client competency
Confidentiality - ANSWER Both legal & ethical term
Thx cannot divulge HIV even if client is endangering a partner
Mandated reporters are allowed to respond to follow-up inquiries from
investigators
Mandated Exceptions to Confidentiality - ANSWER Suspected abuse
Tarasoff
The Patriot Act of 2002
Permissive Exceptions to Confidentiality - ANSWER Client is a danger to self,
or to the person or property of others (California evidence code 1024)
Disclosures to licensed professionals (such as supervisor or colleague) to get
help in treating client
When there is an authorization to release PHI
When client has signed a health insurance claim form
Breach of duty (thx sues client for non-payment, or client sues thx for
malpractice)
